Action brought on 2 October 2006 - Sanchez Ferriz and Others v Commission

(Case F-115/06)

Language of the case: French

Parties

Applicants: Carlos Sanchez Ferriz (Brussels, Belgium) and Others (represented by: F. Frabetti, lawyer)

Defendant: Commission of the European Communities

Form of order sought

The applicant claims that the Civil Service Tribunal should:

set aside the list of officials promoted under the 2005 promotion procedure in so far as that list does not include the applicants' names and, incidentally, annul the preparatory measures leading to that decision;

in the alternative, annul the allocation of promotion points during the promotion procedure mentioned above, in particular, in consequence of the recommendations made by the promotion committees;

order the defendant to pay the costs.

Pleas in law and main arguments

In support of their action, the applicants put forward five pleas, alleging:

in the first, infringement of Article 45 of the Staff Regulations;

in the second, infringement of the General Provisions implementing that article;

in the third, infringement of the principle of non-discrimination and a manifest error of assessment;

in the fourth, infringement of Articles 6 and 10 of Annex XIII to the Staff Regulations;

in the fifth, infringement of the principles of the prohibition of arbitrary procedure and of the prohibition of the abuse of powers, and infringement of the obligation to state reasons.

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